Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Once all parties to a partition action in Alabama have been properly served and the 30-day response period under Ala. Code § 6-6-220 (see Justia § 6-6-220) has elapsed, you can move forward with scheduling a hearing. Below is a step-by-step guide under Alabama law:
- Confirm Service and Default Eligibility
Verify the return-of-service dates for each defendant. If any party failed to answer within 30 days, file an entry of default under Ala. R. Civ. P. 55(a) with the court clerk. - Prepare and File Motion to Appoint Commissioners
If no defendant contests, or once defaults are entered, file a Motion to Appoint Commissioners pursuant to Ala. Code § 6-6-240. This motion asks the court to select three impartial commissioners to view, divide, and value the real estate. - Obtain a Hearing Date
Contact the court clerk or case manager to request an available hearing date on your motion. Many Alabama trial courts maintain a scheduling calendar or require counsel to appear at a scheduling conference under Ala. R. Civ. P. 16. - File and Serve Notice of Hearing
Draft a Notice of Hearing stating the motion’s title, hearing date, time, and courtroom. Serve this notice on all parties of record at least seven days before the hearing (or per your local rules). Include a certificate of service. - Attend the Hearing
Appear on the scheduled date. If the court grants your motion, it will issue an order appointing commissioners. - Proceed After the Commissioners’ Report
Once appointed, the commissioners inspect the property and file a written report under Ala. Code § 6-6-242 (see Justia § 6-6-242). After service of the report, file a Motion to Confirm Commissioners’ Report and serve it with at least ten days’ notice. Attend the confirmation hearing to finalize the division or sale of the property.
Helpful Hints
- Review your local county court’s scheduling procedures—some require a formal scheduling conference under Ala. R. Civ. P. 16.
- Keep track of statutory deadlines: 30 days for answers (Ala. Code § 6-6-220) and ten days’ notice for objections to commissioners’ reports (Ala. Code § 6-6-242).
- Use the court’s e-filing portal where available to file motions, notices, and certificates of service promptly.
- Maintain courtesy copies of all filings for courtroom presentation—many judges request a paper copy at hearing.
- If any party contests appointment of commissioners, be prepared to argue under Ala. R. Civ. P. 55 and § 6-6-240 why default or appointment is appropriate.
- Consider hiring local counsel familiar with the quirks of your county’s civil division to streamline scheduling and courtroom procedures.